Can I apply for H4 if my H1 is in admin process?

[msan]

Currently I am in India waiting on 221g - admin processing on H1 visa. My case is:
- First time I had H4 in 2008 then had COS to F1.
- Had F1 stamped and is valid until 2014. Graduated in Dec 2009 and had valid OPT until Jan 2011.
- Was working on OPT and had approved I797 for H1 visa which was effective from 3rd Jan 2011.
- Came to India in Dec 2010 for H1 stamping and currently stuck with 221g - yellow form from Mumbai consulate.

My question is:
- Can I apply for H4 visa if my H1 is under admin process? (My earlier H4 has been expired but my husband recently got his H1 stamped and is valid until Apr 2012. Also, currently he is in U.S. I have my passport with me.
- Do I need to withdraw my petition when I apply for H4 or during interview is there any chance of getting other 221g or anything to worry?
- In case, If my H4 gets stamped and I am in U.S and in the mean time, I also get clearance from 221g on H1 visa, Can I send my passport via courier to get H1 stamped or do I need to visit personally? Can I go to U.S on H4 and start working again after the admin process is complete and het H1 stamped.
- Can you have 2 valid visas on passport? (When I had my F1 visa interview, The VO did not cancel my H4 visa so until Oct 2010, I had H4 and F1 valid visa with me)

I need experts advice. Please help.

[shervin143]

- Can I apply for H4 visa if my H1 is under admin process? (My earlier H4 has been expired but my husband recently got his H1 stamped and is valid until Apr 2012. Also, currently he is in U.S. I have my passport with me.
>>> Yes.

- Do I need to withdraw my petition when I apply for H4 or during interview is there any chance of getting other 221g or anything to worry?
>>> You don't need to withdraw your H1B visa application. Whether you will receive a 221g on H4 stamping or not is nobody's guess.

- In case, If my H4 gets stamped and I am in U.S and in the mean time, I also get clearance from 221g on H1 visa, Can I send my passport via courier to get H1 stamped or do I need to visit personally?
>>> It depends on whether the Consulate will ask you to submit the passport by mail/courier or will ask you to come in person. However, it is never advisable to courier your passport from U.S to India. If by chance the passport gets lost, you will be in a big mess.

- Can I go to U.S on H4 and start working again after the admin process is complete and het H1 stamped.
You cannot work in H4 status. You will either have to file a change of status from H4 to H1B or leave the country and return back on H1B visa to get to H1B status which will allow you to work.

- Can you have 2 valid visas on passport? (When I had my F1 visa interview, The VO did not cancel my H4 visa so until Oct 2010, I had H4 and F1 valid visa with me)
>>> Well, that depends on the VO. In most case, the VO will cancel the H4 visa when you go for H1B stamping.

[waitingh1]

Can I Travel on F1 visa while H1b on Administrative Processing?

Hi All,

I need expert suggestion. I have done Master's from USA, and graduated in Dec 2010. I have valid student visa till June 2014. But after graduating, I am working in US on EVC. My employer file my H1 petition and I got approval for one year. On Nov 22, 2011 I had interview at New Delhi consulate for H1B stamping, I get 221g Green paper. I have submitted my all the docs on Dec 6, 2011. Today I came to know that my case sent back to USCIS. I heard, if case sent back to USCIS will take long. So I am thinking to get admission for Doctorate to the same university and travel back to us with same student visa.

My concern is:
Can I travel back to US on Student visa while My H1B is in Administrative Processing?
Do I need to withdraw my H1B petition? If I travel on F1 visa.

[shervin143]

Can I travel back to US on Student visa while My H1B is in Administrative Processing?
>>> Yes.

Do I need to withdraw my H1B petition? If I travel on F1 visa.
>>> Not required.

[waitingh1]

I have student visa valid till Jun 2014. But I have attended H1B stamping interview, and got in AP, also may be my sevis is updated as I had H1b approval. Do I need to apply for student visa again? Will it make any issue at port of entry?

[shervin143]

You cannot just like that travel in F1. The minute your H1B petition got approved, your SEVIS would have got updated. If you travel in F1 now, you will get deported back. Follow the formalities to get a new admission and when the documents are in order, you can travel again for your studies.

I have student visa valid till Jun 2014. But I have attended H1B stamping interview, and got in AP, also may be my sevis is updated as I had H1b approval. Do I need to apply for student visa again? Will it make any issue at port of entry?